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STATE v. COOPERMAN

No. CV-12-0319-PR.

306 P.3d 4 (2013)

The STATE of Arizona, Petitioner/Appellant, v. Joseph COOPERMAN, Respondent/Appellee.

Supreme Court of Arizona.

August 5, 2013.

Attorney(s) appearing for the Case

Michael G. Rankin, Tucson City Attorney, Baird S. Greene, Deputy City Attorney, William F. Mills (argued), Principal Assistant Prosecuting City Attorney, Tucson, for State of Arizona.

Stefan F. Niemiec, City of Tucson Public Defender, and James Nesci (argued), Law Office of Nesci & St. Louis, Tucson, for Joseph Cooperman.

Stephen Paul Barnard, Law Offices of Stephen Paul Barnard, P.C., Tucson, for Amicus Curiae Arizona Attorneys for Criminal Justice.

Brad Carlyon, Navajo County Attorney, Neill Perry, Deputy County Attorney, Holbrook, for Amicus Curiae Navajo County Attorney's Office.

Robert S. Hubbard, Tempe City Prosecutor, Andrew M. Davidson, Assistant City Attorney, Tempe, for Amicus Curiae Tempe City Prosecutor's Office.

Elizabeth Ortiz, Executive Director, Arizona Prosecuting Attorneys' Advisory Council, Faith C. Klepper, Attorney, Phoenix, for Amicus Curiae Arizona Prosecuting Attorneys' Advisory Council.

Chief Justice BERCH, opinion of the Court.

¶ 1 This case addresses (a) whether partition ratio evidence is admissible in a prosecution for driving while impaired in violation of A.R.S. § 28-1381(A)(1) if the state elects to introduce breath test results only to prove that the defendant had "an alcohol concentration of 0.08 or more within two hours of driving" in violation of A.R.S. § 28-1381(A)(2), and (b) whether evidence relating to the variability...

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